Man found guilty of pharmacy break-in

Innocent of breaking into second location

Innocent of breaking into second location

March 23, 2007|By Scott Waltman, American News Writer

A Brown County jury found an Aberdeen man guilty Thursday of 12 felonies related to breaking into a local pharmacy and stealing prescription medications. Curtis A. Dosch, 48, was also found innocent of breaking into and stealing drugs from a second pharmacy. The nine-woman, three-man jury deliberated for about three hours before finding Dosch guilty of breaking into Jones Drug on Sixth Avenue Southeast and taking medications. He was acquitted of breaking into Medical Center Pharmacy on the Avera Midland Campus along U.S. 281 North. Both of the burglaries were reported in fall 2005. Testimony and arguments wrapped up late Thursday afternoon. The trial started Tuesday. Dosch was not sentenced, but he faces up to 180 years in state prison. The maximum sentence on each of the 12 convictions - one for the burglary of Jones Drug, one for the Jones Drug grand theft and 10 for unauthorized possession of prescription drugs - is 15 years in prison and a $15,000 fine. Normally, each of the charges is punishable by as much as 10 years in state prison and a $10,000 fine. But Dosch admitted to being a habitual offender because he was previously convicted of possession of cocaine, a felony. That increased the maximum penalty on each charge to 15 years in prison and a $15,000 fine. Dosch was convicted of stealing oxycodone, demerol, methadone, morphine, Adderall and Lorazepam. Most of the drugs are pain relievers. Lorazepam is used to treat anxiety. Adderall can be used to treat attention deficit disorder and narcolepsy. Testifying Thursday, Dosch denied that he broke into either pharmacy and and that he stole drugs. The owners of the pharmacies testified earlier in the week that at least $23,000 in medications were taken from the two businesses - more than $15,000 from Jones Drug and more than $8,200 from Medical Center Pharmacy. A DNA expert testified Thursday that a splotch of blood found inside Jones Drug likely belonged to Dosch. Dosch, however, testified that his blood could have been planted by former friends who he believes actually committed the burglaries and stole the medications. Dosch's attorney, Randy Turner, said that witnesses who testified earlier this week that Dosch was involved in the burglaries shared stories that have changed through the months. And, he pointed out, they were not charged in the burglaries in return for their testimony. Dosch said they had an incentive to incriminate him so they could get more lenient sentences for their drug crimes. During his closing arguments, Brown County State's Attorney Mark McNeary said that Dosch is the one who was being untruthful during the trial. “He lied something horrible,” McNeary told the jury. McNeary pointed out that during the investigation, Dosch made incriminating statements to an Aberdeen police officer. While testifying, Dosch denied that. McNeary said that the stories of all of the witnesses who testified against Dosch matched and he asked the jury to consider who was more likely to lie - Dosch or the witnesses who testified against him. After the verdict was read, Turner asked for what's called “motion for judgment not withstanding the verdict.” That would have set aside the jury's verdicts. Judge Scott Myren denied the motion. Against Turner's advice, Dosch asked to be sentenced immediately. After Turner told Myren he could do a better job of presenting evidence that could reduce Dosch's sentence if he had time to put together an argument, Myren delayed sentencing. No date was set. Turner said Dosch plans to appeal the guilty verdicts. McNeary said he was pleased with convictions on 12 of the 14 counts. He said he didn't immediately know what, if any, impact the two innocent verdicts could have on possible restitution for Medical Center Pharmacy. In cases involving thefts, restitution is often part of the sentence. However, Dosch was cleared of wrong-doing in the Medical Center Pharmacy burglaries.